Suresh Manjhi @ Suresh Majhi And ANR v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36476 of 2017 Arising Out of PS.Case No. -276 Year- 2017 Thana -GOVERNMENT OFFICIAL COMP. DistrictSITAMARHI ======================================================

1. SURESH MANJHI @ SURESH MAJHI, Son of Late Mahendra Manjhi,

2. Binod Manjhi @ Vinod Majhi, son of Paltan Manjhi, Resident of VillageDularpur, (Pokhari Tola), P.S.- Kanchauli, District- Sitamarhi. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. The Union of India.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sheo Kumar Prasad For the Unionof India :

Mr. Shail Kumari For the Opposite Party/s : Mr. Sri Ramchandra Sahani ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 22-08-2017 Heard the parties.

The petitioners seek regular bail in connection with C-2/276/2017 , registered for offences punishable under Sections 30A of the Bihar Prohibition and Excise Act, 2016. Allegation against the petitioners is about recovery of 63 ltrs. of country-made liquor from the possession of the petitioner.

Submission of the learned counsel for the petitioners is that the petitioners have been falsely implicated in this case. The petitioners have no criminal antecedent and he has remained in custody for about 3 1⁄2 months.

Patna High Court Cr.Misc. No.36476 of 2017 (3) dt.22-08-2017 2/2 Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioners, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned A.D.J.-II-cum-Special Judge, Excise Act, Sitamarhi in connection with Case No.C-2/276/2017. With following conditions :

(i) One of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(ii) The petitioners will not induce any witness or tamper with the evidence.

(iii) The petitioners shall co-operate in the disposal of trial and make themselves available as and when required by the court and on the event of failure on their part to appear before the court below on two consecutive dates without showing any genuine reason, their bail bond shall be cancelled.

With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T